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(영문) 대전지방법원 2013.08.21 2013고단789
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around June 15, 2006, the Defendant stated that “The Defendant obtained a house of Abdo and paid the parents’ living expenses to Abdo” to the victim D in Seo-gu Daejeon, Seo-gu, Daejeon, that “The Defendant would pay 50 million won to his parents, and would pay the principal to him at the end of December,” and that “The principal will be repaid at the end of December.”

However, at the time, there was a bond equivalent to KRW 50 million, and the defendant was planned to use the above bonds to repay the above bonds from the victim, and even if the above money was borrowed from the victim, there was no intention or ability to pay the above money.

On July 13, 2006, the Defendant, by deceiving the victim as above, received a remittance of KRW 6 million from the national bank account in the name of E designated by the Defendant to the bank account in the name of E on July 13, 2006, and obtained a total of KRW 49,900,000 through seven times, as shown in the attached List of Crimes.

2. On December 5, 2006, the Defendant stated that “The Defendant was hospitalized in a hospital located in the Habain-si, Habain-si, 102-dong 1801, the Defendant would complete payment from the hospital’s care until May 5, 2007, where he borrowed KRW 20 million at the hospital care expenses, because he was in a situation where he was hospitalized in the hospital located in the Habain-si, and he was in a situation where he was able to live there only when he was blood speculation, and that he would complete payment until May 5, 2007.”

However, at the time, the father of the defendant did not have been hospitalized in the hospital, and he was planned to use the money borrowed from the victim to repay the above bonds, and there was no intention or ability to repay the borrowed money even if borrowed.

As above, the Defendant, by deceiving the victim, transferred KRW 5 million from the victim to the national bank account in the name of E designated by the Defendant, and acquired KRW 7 million in cash and acquired KRW 12 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. The application of the Acts and subordinate statutes of the detailed statement of transactions of free savings deposits to inquiries about each financial information;

1. Each relevant Article of the Act concerning criminal facts;

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